Study On The Uniformity Of Lawyers' Thinking

Lawyers' thinking has attracted much attention from academia in recent years.Is lawyers'thinking uniform?Should we maintain the homogeneity of thinking of legal professionals?These are important issues of the study on lawyers' thinking.Scholars have different views on whether there is a uniform lawyers' thinking.The tit-for-tat opinions over the uniformity of lawyers' thinking between Prof.Zhu Suli and Sun Xiaoxia lead to two different standpoints of study.One is the theory that lawyers'thinking is different and the other is the theory that lawyers' thinking is uniform.Although scholars have done some researches on the uniformity of lawyers' thinking,they are still lack of systematization and theoretical depth.The paper sorts out the dispute over the uniformity of lawyers'thinking in a systemic way,and explores the theory of the uniformity of lawyers' thinking integrally.Firstly,the paper sorts out the basic situation of the dispute over the uniformity of lawyers' thinking.The paper explores the historical reasons for the dispute and the theory resource behind the dispute through giving an analysis of the academic background.And then,the paper sorts out the issues and theoretical basis to display the different viewpoints and standpoints clearly.Secondly,the paper reviews the defect of the theory that lawyers' thinking is different.The theory that lawyers'thinking is different emphasizes the difference and heterogeneity of lawyers' thinking.It ignores the common thinking features of legal professionals and exaggerates the function of the system to lawyers' thinking.It emphasizes the antagonism between the thinking of experts from legal profession and the thinking of legal scholars.Therefore,the theory that lawyers' thinking is different is slightly extreme and is lack of rationality.Furthermore,the deconstructive position of the theory that lawyers' thinking is different cannot provide feasible schemes for the construction of rule of law.Conversely,it negates the factor of law-governing and weakens the authority of the law.Thirdly,the paper defends for the theory that lawyers' thinking is uniform.The theory that lawyers' thinking is uniform emphasizes that legal professionals have the uniform type of thinking but don't have the same thinking.It does not deny the thinking differences in practice of different legal professionals.It emphasizes that there is a basic and essential thinking among the community of legal professions as the minimal consensus.Moreover,the uniform lawyers' thinking is the basic requirement of implementing judicial function.If we analyze from the forming process of lawyers' thinking,legal professionals who acquire uniform training by the cultivation mechanism will have a uniform thinking,because they can master the uniform legal knowledge and legal method through training.Besides,the construction of rule of law in China needs the constructive position due to the lack of legal professionalization tradition.The theory that lawyers' thinking is uniform contributes to strengthening professional identity and gathering strength.It meets the requirement of the development of law-governing.Furthermore,the theory that lawyers' thinking is uniform is of great times value including maintaining the uniformity of application of law,ensuring the judicial justice and promoting the construction of community of legal professions.Finally,the paper explores the approaches of maintaining the uniformity of lawyers' thinking.The legal dogmatics plays an irreplaceable and basic role in training lawyers'thinking.Therefore,we should insist on the leading status of legal dogmatics to thinking training.Meanwhile,we should keep the channel of interaction unblocked to achieve the benign interaction of different legal professionals.Besides,legal education and legal vocational training should lay emphasis on training legal method and thinking.These approaches are aimed at guaranteeing the uniformity of thinking of legal professionals.Thus,the members of community of legal professions will share the responsibility of developing law-governing.